138 BNS : Abduction.

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Introduction of 138 BNS

138 BNS defines the offense of abduction. It explains that abduction occurs when a person is forcibly compelled or deceitfully induced to leave their place. The law makes it clear that abduction is not limited to physical force—it also includes trickery, lies, or false promises. Unlike kidnapping (which specifically involves children or persons of unsound mind), abduction applies to any individual, making it a broader offense. This section serves as the foundation law for all forms of abduction, with punishments varying depending on the intent behind the act (such as ransom, marriage, or exploitation).

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The Bharatiya Nyaya Sanhita (BNS) Section 138 replaces the old Indian Penal Code (IPC) Section 362.

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What is BNS Section 138 ?

BNS Section 138 defines the crime of abduction. It outlines the act of forcibly or deceitfully causing someone to leave their current location. This section is concerned with both physical force and deceptive practices used to compel a person to go from one place to another.

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BNS 138 in Simple Points

Section 138 of the Bharatiya Nyaya Sanhita (BNS) defines abduction. It addresses the crime of forcibly or deceitfully compelling someone to leave their current location. This section outlines the conditions under which a person can be considered to have been abducted.

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Under Section 138 of the bns act 2023

Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.

Explanation in Simple Language

Section 138 defines abduction. It is not about keeping someone in confinement, but about making them leave their current place by either:

• Force → Using physical strength, threats, or violence.
• Deceit → Using lies, tricks, or false promises to mislead the person.

The key point is that the victim does not leave voluntarily; instead, they are compelled or deceived into leaving.

Unlike kidnapping (BNS 137), abduction applies to any person (not only children or persons of unsound mind) and requires the act of force or deceit.

Key Elements of Section 138

• Act of Compelling or Inducing → Forcing someone or tricking them.
• Use of Force → Threats, violence, or physical compulsion.
• Use of Deceit → Misrepresentation, false identity, fake promises, or trickery.
• Movement from a Place → The victim must be taken from their current location.
• No Consent → The act is illegal because the person did not willingly agree.
• Broad Definition → Covers both physical and psychological manipulation.
• Foundation Section → It only defines abduction; punishment depends on the intention (e.g., for ransom, marriage, sexual exploitation, etc., punishments are given in later sections).

Examples to Understand Section 138

• Example 1 (Deceit):
  A man pretends to be a delivery agent and convinces a woman to step outside her house. Once she comes out, he takes her away.
  This is abduction by deceit.
• Example 2 (Force):
  During a dispute, a gang threatens a shopkeeper with weapons and forces him to leave his shop and go with them.
  This is abduction by force.

Why Section 138 is Important

• It gives a clear legal definition of abduction, distinguishing it from kidnapping.
• It covers both force and deceit, ensuring criminals cannot escape punishment by trickery.
• It acts as a base section → specific punishments for abduction (for ransom, marriage, sexual intent, etc.) are covered in later provisions.
• It strengthens protections for individuals’ personal liberty and safety.

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Section 138 BNS Overview

Abduction is the act of using force or deceit to make someone leave their place of residence or current location against their will.

10 Key Points of BNS Section 138

1. Definition of Abduction:
   • The section defines abduction as the act of making someone leave a place using force or deceit.
2. Use of Force:
   • Physical force applied to compel someone to move from their location falls under abduction. This can include threats or actual physical harm.
3. Use of Deceit:
   • Abduction also includes situations where deceitful means are used to persuade or trick someone into leaving their location.
4. No Consent Needed:
   • The key element of abduction is that the person being moved does not consent to leaving their location.
5. Broad Scope:
   • The definition covers both direct force and indirect deceit, making it a broad and inclusive term.
6. Application:
   • This section applies to any scenario where a person is made to leave a place, whether it’s done through force, trickery, or coercion.
7. Legal Framework:
   • The section provides a legal basis for addressing and prosecuting acts of abduction. It does not specify punishment but defines the crime.
8. Not Just Physical Acts:
   • It includes not only physical actions but also psychological or emotional manipulation as forms of deceit.
9. Objective:
   • The objective is to cover and penalize the acts of forcibly or deceitfully making someone leave their location, ensuring protection against such offenses.
10. Punishment Details:
    • While this section defines the act, the specifics of punishment for abduction would be outlined in other sections of the law.

Two Simple Examples of BNS Section 138

1. Example 1:
   • A person tricks another into leaving their home by pretending to be a government official with urgent paperwork. Once outside, the person is then forcibly taken away.
2. Example 2:
   • An individual uses threats of violence to coerce someone into leaving their workplace and moving to a different location against their will.

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BNS 138 Punishment

1. Imprisonment:
   • Abduction can lead to imprisonment, though the specific term is not detailed in this section and may be covered by other legal provisions.
2. Fine:
   • In addition to imprisonment, a fine may be imposed on those convicted of abduction, subject to legal discretion and related laws.

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BNS 138 bailable or not ?

Bailable: The section does not explicitly state whether the offense is bailable. Typically, the bail status would be determined based on the severity of the case and the applicable laws.

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Bharatiya Nyaya Sanhita Section 138

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Comparison Table (BNS 138 vs IPC 362)

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BNS Section 138 FAQs

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Conclusion

Section 138 of the Bharatiya Nyaya Sanhita lays down the basic definition of abduction, focusing on the use of force or deceit to make a person move against their will. It highlights that the offense is not just about physical coercion but also about psychological or emotional manipulation. While this section defines the act itself, the punishments depend on the intention behind the abduction, which are covered in subsequent provisions of the law. By clearly defining abduction, BNS Section 138 strengthens protections for individuals’ freedom of movement and personal security.

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